USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 3
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In consequence of his Majesty's determination of the boundaries be- tween . New-Hampshire' and Massachusetts, a surveyor and proper chainmen were appointed to run the western line from three miles north of Patucket Falls ; and the surveyor, upon oath, has declared, that it strikes Hudson's River, about eighty poles north of where Mohawk's Ri- ver comes into Hudson's River, which I presume is north of the City of Albany ; for which reason it will be necessary for me to be informed, how far north of Albany the government of New-York extends by his Majes- ty's commission to your Excellency, and how many miles to the east- : ward of Hudson's River, to the northward of the Massachusetts line, that I may govern myself accordingly. And if, in the execution of the king's commands with respect to the lands, I can oblige any of your Excellen cy's friends, I am always at your service .- I am, with the greatest re- spect, Sir, your Excellency's most obedient humble servant,
B. WENTWORTH.
Minutes of the Council of New-York.
COUNCIL-CHAMBER, CITY OF NEW-YORK, APRIL 3D, 1750. His Excellency communicated to the board a letter from the Hon. Benning Wentworth, Esq. governor of New-Hampshire, dated the 17th November last, acquainting his Excellency, that he has it in command from his Majesty, to make grants of the unimproved lands in New-Hamp- shire government, and therefore desiring information, how far north of Albany this province extends, and how many miles to the eastward of Hudson's River, to the northward of the Massachusetts line, that he may govern himself accordingly. Also an extract of his Majesty's letters
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CONTROVERSY WITH NEW-YORK.
patent to governor Wentworth, respecting the boundaries of New-Hamp- shire. And his Excellency having required the advice of the board thereupon, the council humbly advised his Excellency to acquaint gov- ", ernor Wentworth, in answer to his said letter, that this province is bound- ed eastward by Connecticut River ; the letters patent from King Charles II. to, the Duke of York, expressly granting, 'all the lands from the west side of Connecticut River to the east side of Delaware Bay.'
N. B. The above resolve was communicated to governor Wentworth, in a letter, dated April 9th, 1750, by G. Clinton, governor of New-York.
·
SIR,
Letter from Governor Wentworth.
PORTSMOUTH, APRIL 25, 1750.
I have the honour of your Excellency's letter of the 9th instant before me, lo which you ars pleased to give me the opinion of his Majesty's council of your government, that Connecticut River is the eastern boun- dary of New York government, which would have been entirely satis- factory to me on the subject of my letter, had not the two charter-govern- ments of Connecticut and the Massachusetts-Bay. extended their bounds many miles to the westward of said river ; and it being the opinion of his Majesty's council of this government, whose advice I am to take on these occasions, that New-Hampshire had an equal right to claim the same extent of western boundaries with those charter-governments, I had, in consequence of their; advice, before your letter came to my hands, granted one township due north of the Massachusetts line, of the contents of six miles square, and by measurement twenty-four miles east of the City of Albany ; presuming that this government was bounded by the same north and south line with Connecticut and the Massachusetts-Bay, before it met with his Majesty's other governments. Although I am prohibited by his Majesty's commission to interfere with his other governments, yet it is presumed that I should strictly adhere to the limits prescribed therein ; and I assure you, that I am very far from desiring to make the Jeast encroachment, or set on foot any dispute on these points. It will therefore give me great satisfaction, if, at your leisure, you can inform me, by what authority Connecticut and the Massachusetts governments claim- ed so far to the westward as they have settled ; and in the mean time I shall desist from making any further grants on the western frontier of my government, that may have the least probability of interfering with ryour government .- I am, with great respect, Sir, your Excellency's most obedient humble, servant,
B. WENTWORTH.
Letter from Governor Clinton.
JUNE, 6TH, 1750.
SIR,
I have received your letter of the 25th April last, in answer to mine of the 9th of the same month, respecting the castern boundary of this pro-
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CONTROVERSY WITH NEW-YORK.
vince, wherein you desire to be informed by what authority Connecticut and the Massachusetts governments claim so far to the westward as they have settled.
As to Connecticut, their claim is founded upon an agreement with this government, în or about the year 1684, afterwards confirmed by King William, in consequence of which the lines between the two govern- ments were run, and the boundaries marked in the year 1725, as appears by the commissioners and surveyors proceedings, of record here. But it is presumed the Massachusetts government, at first, possessed themselves of those lands by intrusion, and through the negligence of this government have hitherto continued their possession, the lands not being private property.
From the information I have, there is reason to apprehend that the lands within the township you have lately granted, or part of them, have been granted here : And as my answer to your letter might probably have furnished you with objections against any grant which might inter- : fere with this province, I am surprised you did not wait till it came to; hand, before you proceeded therein. If it is still in your power to recal the grant, your doing so will be but a piece of justice to this government ; otherwise I shall think myself obliged to send a representation of the matter to be laid before bis Maje -- I am, &c.
Letter from Governor Wentworth.
SIR,
PORTSMOUTH, JUNE 22D. 1750.
As soon as your letter of the 6th inst. came to my hands, I thought it proper to have the sense of his Majesty's council thereon, who were unan- imously of the opinion, not to commence a dispute with your Excellen- cy's government respecting the extent of the western boundary to New- Hampshire, until his Majesty's pleasure should be further known ; ac- cordingly the council have advised, that I shall, on the part of New-Hamp- shire, make a representation of the matter to his Majesty, relying that your Excellency will do the same on the part of New-York ; and that whatever shall be determined thereon, this government will esteem it their duty to acquiesce in, without any farther dispute, which I am hoping will be satisfactory on that point.
When I first wrote you on this subject, I thought I had given sufficient time to receive an answer to my letter, before I had fixed the day for passing the grant referred to in your letter ; and as the persons concerned therein lived at a great distance, it was inconvenient for them to be de- layed beyond the appointed time : I was not apprehensive any difficulty could arise by confining myself to the western boundaries of the two charter-governments ; accordingly I passed the patent about ten days be- fore your favour of the 9th of April, 1750, came to hand. There is no possibility of vacating the grant, as you desire ; but if it falls by his Majesty's determination in the government of New-York, it will be void of course. I shall be glad the method I have proposed may be agreeable to your province ; and if submitting the affair to his Majesty meets with
13
CONTROVERSY WITH . NEW-YORK.,
your approbation, I shall, upon receiving an answer, lose no time in tran- smitting what concerns this province to the proper offices .- I am, with the greatest respect, Sir, your Excellency's most obedient humble servant, B. WENTWORTH.
Letter from Governor Clinton.
NEW-YORK, JULY 25TH, 1750.
SIR
I have taken the sense of his Majesty's council on your Excellency's letter of the 22d ult. respecting the extent of the western boundary of your government, who think it highly expedient I should lay before his Ma- jesty a representation of the matter on the part of this province ; and as you propose to do the like on the part of New-Hampshire, they are of opinion it will be for the mutual advantage of both governments, if we exchange copies of each others representation on this head. If you ap- prove of this, I will send you a copy of mine accordingly .--- I am, &c:
- Notwithstanding the interfering claim of the province of New-York, governor Wentworth proceeded to make further grants, west of Connec- ticut River ; as will appear by the following list of grants made up to the year 1764, inclusive, viz :*
Names of Townships.
Date of the Grants.
Bennington, 1.
Jan. 3, 1749
Halifax,
May 11, 1750
April 19, 1751
Marlborough, now New-Marlborougli,
+April 17, 1764
April 29, 1751
Draper, formerly Wilmington,
Westminster,
S 1June 17, 1763 Nov. 9, 1752
Rockingham,
- Dec. 28, 1752
Woodford,
Mar. 6, 1753
New Stampford, formerly Stampford,
- Mar. 6, 1753
Townsend,
June 20, 1753
Hinsdale,
- Sept. 5, 1753
Brattleborough,
Dec. 26, 1753
Fulham,
Dec. 26, 1753
Patnéy,
Dec. 26, 1753
Hampstead, alias Chester,
tNov. 3, 1761
Guilford, -
April 2, 1764
Thomlinson,
#Sept. 1, 1763
Pownall, -
Jan. 8, 1760
Hartford,
July 4, 1761
Feb. 22, 1754
April 6, 1754
* This list is here given, as found in the Rural Magazine for 1795, published by Dr. Williams,-t Re-granted.y.
14
CONTROVERSY" WITH NEW-YORK.
Names of Townships.
Date of the Grants.
Norwich,
- July. 4, 1761
Saltash,
July / 6, 1761
Reading,
- July 6, 1761
Windsor,
July 6, 1761
Killington,
- July
7, 1761
Pomfret,
July 8, 1761
Hertford,
-
July 10, 1761
Woodstock,
July 10, 1761
Bridgewater,
- July 10, 1761
Bernard,
2. July 17, 1761
Stockbridge,
July 21, 1761
Arlington,
July 28, 1761
Sunderland,
July 29, 1761
Manchester,
Aug. 11, 1761
Sandgate,
: Aug. 11, 1761
Thetford,
Aug. 12, 1761
Strafford,
- Aug. 12, 1761
Sharon,
Aug. 17, 1761
Springfield,
-. Aug. 20, 1761
Weathersfield,
Aug. 20, 1761
Dorset,
- Aug. 20, 1761
Rupert,
Aug. 20, 1761
Shaftsbury,
Aug. 20, 1761
Glassenburg,
Aug. 20, 1761
Pawlet,
- Aug. 26, 1761
Danby,
Aug. 27, 1761
Harwicke,
- Aug. 28, 1761
Tunbridge,
Sept. 3, 1761
Shrewsbury,
- Sept. 4, 1761
Clarendon,
Sept. 5, 1761
Rutland,
· Sept. 7, 1761
Fairley,
Sept. 9, 1761
Tinmouth,
- Sept. 15, 1761
Winhall,
Sept. 15, 1761
Wells,
Sept. 15, 1761
-
Ludlow,
Sept. 16, 1761
Poultney.
Sept. 21, 1761
Castleton,
Sept. 22, 1761
Shoreham,
Oct. 8, 1761
Bredport,
Oct. 9, 1761
Guildhall,
Oct. 10, 1761
Granby,
Oct.'10, 1761
Cavendish,
Oct. 12, 1761
Maidstone,
Oct. 12, 1761
Ferdinand,
- Oct. 13, 1761
Brunswick;
Oct. 13, 1761
Winlock,
- Oct. 13, 1761
15
CONTROVERSY WITH NEW-YORK.
Names of Townships.
Date of the Grants.
Bromley,
Oct. 13, 1761
Andover,
- Oct. 13, 1761
Addison,
Oct. 14, 1761
Cornwall,
- Oct. 14, 1761
Leicester,
Oct. 20, 1761
Middleborough,
- Nov. 2, 1761
New-Haven,
- Nov. 3, 1761
Weybridge,
Nov. 3, 1761
Fane, now New:Fane,
- Nov. 3, 1761
Wallingford,
Nov. 27, 1761
Ilindsborough,
- June 21, 1762 June 24, 1762
Maxchica,
- June 24, 1762
Charlene,
June 24, 1762
Minehead,
June 29, 1762
- June 29, 1762
Lemington,
June 29, 1762
Averill,
- June 29, 1762 "si:
Neshobe,
Oct. 20, 1762
Newbury,
- May 18, 1763
Colchester,
June 7, 1763
Bolton, 1 1
June 7, 1763
Waterbury,
- June 7, 1763 June 7, 1763
Williston,
. June 7, 1763 June 7, 1763
Duxbury,
. June 7, 1763
Moreton,
June 7, 1763
Berlin,
- June 7, 1763 June 8, 1763
Middlesex,
June : 8,.1763 -
Milton,
June 8, 1763
Westford,
June 8, 1763
Underhill,
June 8, 1763
Mansfield,
June 8, 1763
Stow,
June 8, 1763
Worster,
- June 8, 1763
Topsham,
June 17, 1763
Lunenburgh,
- July 5, 1763 .
Sudbury,
Aug. 6, 1763
Whiting,
Aug. 6, 1763
Orwell,
Aug. 8, 1763
St. Albans,
Aug. 17, 176:
* Obliterated in copy.
.
Burlington,
New Huntington,
Jericho,
- June 7, 1763
June 26, 1762
Ferisbourg,
Nov. 2, 1761
Salisbury,
16
CONTROVERSY WITH NEW-YORK.
Names of Townships.
Date of the Grants!
Swanton,
Aug. 17, 1763
Highgate,
Aug. 17, 1763
Georgia,
Aug. 17, 1763
Fairfax,
.Aug. 18, 1763
Fairfield,
Aug. 18, 1763
Smithfield,
Aug. 18, 1763
Hungerford,
Aug. 18, 1768
St. George,
Aug. 18, 1768
Shelburne,
Aug. 18, 1763
Ryegate,
Sept. 8, 1763
Barnet,
Sept. 16, 1763
Peacham,
Dec. 31, 1763
Corinth,
Feb. 4, 1764
Dunbar,
June 15, 1764
Hubberton,
June 15, 1764
Pittsford,
- June 15, 1764
Panton,
Nov. 3, 1764
Lintfield,
·· Aug. 4, 1763
Grants to the following officers, agreeable to his Majesty's proclama4 tion of the 7th October, 1763.
Capt .: Rob. Rogers,'
"3000 Acres.
July 4, 1764
Lieut. Jas. Tate,
2000
July 4, 1764
:. Lieut. P. Brown,
2000
July 4, 1764
Lieut. Step. 'Holland,
2000
July 4, 1764
Lieut. And.'Philips,
2000
Aug. 11, 1764
Capt. Nath. Whiting,
3000
-
To arrest the proceedings of New-Hampshire, Mr. Colden, Lieutenant Governor of New-York, on the 28th of December, 1763, issued a Pro- clamation,'" commanding the Sheriff of the County of Albany to make a return of the names of all persons who had taken possession of lands under New-Hampshire grants, and claiming jurisdiction as far east as Connecticut River," * by virtue of a grant to the Duke of York, of whichr the following is an extract.
"CHARLES the Second, by the Grace of God, King of England, Scot- land, France and Ireland, Defender of the Faith, &c. To all to whom these presents shall come, Greeting : Know ye, that we, for divers good causes and considerations, have, of our especial grace, certain knowledge and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto our dearest brother, James, Duke of York, his heirs and assigns, all that part of the main land of New-England, beginning at a certain place, called or known by the name of St. Croix, next adjoining to New-Scotland, in America ; and from «thence extending along the sea coast, unto a certain place called
Williams' History.
17
CONTROVERSY WITH NEW-YORK.
Petuaguine or Pemaquid, and so up the river thereof to the furtherest head of the same, as it tendeth northwards ; and extending from the river of Kinebeque, and so upwards, by the shortest course of the river Canada, northwards : And all that island or islands, commonly called by the several name or names of Matowacks or Long-Island, situate, and · being towards the west of Cape Cod, and the Narrow Highgansetts, abutting upon the main land, between the two rivers there, called or known by the several names of Connecticut and Hudson's River, together also with the said river called Hudson's, and all the lands from the west 'side of Connecticut river, to the east side of Delaware Ray : and also, all those several islands, called or known by the names of Martin's Vine- yard, and Nantuckes, otherways Nantucket ; together with all, &c. Dated the twenty ninth day of June, in the twenty sixth year of the reign of King CHARLES the Second.'
To inspire confidence in the validity of the New-Hampshire grants, and encourage settlements under them, the Governor of New-Hampshire issued the following Proclamation :
BY HIS EXCELLENCY, BENNING WENTWORTH, EsQ.
Captain-General, Governor and Commander in Chief of His Majesty's Province of New-Hampshire, in New-England, &c ....
A PROCLAMATION.
WHEREAS his Honor, CADWALLADER COLDEN, Esq. Lieutenant Governor and Commander in Chief of his Majesty's Province of New- York, hath lately issued a Proclamation, of a very extraordinary na- ture, setting forth, that King CHARLES the Second, on the 12th day of March, 1663-4, and the 29th June, 1674, did, by his several letters patent, of those dates, grant, in Fee, to his brother, the Duke of York, among other things, all the land from the west side of Connecticut River to the east side of Delaware Bay ; and therein also set forth, and de- scribes the bounds of New-Hampsire ; in which description there is a a very material mistake ; besides, there is omitted the fact, on which the description of New-Hampshire depended, viz. His Majesty's determina- tion of the north and western boundaries of the Province of the Massa- chusetts Bay, in 1739. And nothing can be more evident, than that New-Hampshire may legally extend her western boundary as far as the Massachusetts claim reaches ; and she claims no more ; but New-York pretend to claim even to the banks of Connecticut River, although she never laid out and settled one town in that part of his Majesty's lands, since she existed as a government.
When New-York government extends her eastern boundary, to the banks of Connecticut River, between New-York and the Colony of Con- necticut ; and to the banks of said river, between New-York and the Province of the Massachusetts-Bay, it would have been full early for New-York to declare that the government of New-Hampshire was fully apprised of the right of New-York, under the before recited letters patent to the Duke of York. In virtue of the final determination of the C
-
18
CONTROVERSY WITH NEW-YORK.
boundary lines settled by his late Majesty, between this government and the Massachusetts Bay, all the lands capable of settlements, have been erected into townships, agreeable to his Majesty's commands, and a con- siderable revenue is daily arising to the crown, unless interrupted and impaired by his Honor's Proclamation, which New-Hampshire will not · be answerable for.
At present, the boundaries of New-York, to the northward, are un- known ; and as soon as it shall be his Majesty's pleasure to determine them, New-Hampshire will pay ready and cheerful obedience thereunto, not doubting but that all grants made by New-Hampshire, that are ful- filled by the grantees, will be confirmed to them, if it should be his Ma- jesty's pleasure to alter the jurisdiction.
For political reasons, the claims to jurisdiction by New-York, might have been deferred, as well as the strict injunction on the civil power, to exercise jurisdiction in their respective functions, as far as the eastern banks of Connecticut River.
The said Proclamation, carrying an air of government in it, may possibly affect and retard the settlement of his Majesty's lands, granted by this government. For preventing un injury to the crown, of this kind, and to remove all doubts that may arise to persons holding the king's grants, they may be assured, that the patent to the Duke of York is obsolete, and cannot convey any certain boundary to New-York, that can be claimed as a boundary, as plainly appears by the several boun- dary lines of the Jersies on the west, and the Colony of Connecticut on the east, which are set forth in the Proclamation, as part, only, of the land included in the said patent to the Duke of York.
To the end therefore, that the grantees now settled and settling on those lands, under his late and present Majesty's charters, may not be intimidated, or any way hindered or obstructed in the improvement of the lands so granted, as well as to ascertain the right, and maintain the jurisdiction of his Majesty's government of New-Hampshire, as far westward as to include the grants made :
I have thought fit, by and with the advice of his Majesty's council, to issue this Proclamation, hereby encouraging the several grantees, claim- ing under this government, to be industrious in clearing and cultivating their lands, agreeable to their respective grants.
And I do hereby require and command all civil officers, within this Province, of what quality soever, as well those that are not, as those that are inhabitants on the said lands, to continue and be diligent in exercising jurisdiction in their respective offices, as far westward as grants of land have been made by this government ; and to deal with any person or persons, that may presume to interrupt the inhabitants or settlers on said lands, as to law and justice do appertain ; the pretended right of jurisdic- tion mentioned in the aforesaid Proclamation, notwithstanding.
Given at the Council-Chamber, in Portsmouth, the 13th day of March;
1764, and in the fourth year of his Majesty's Reign.
B. WENTWORTII.
By his Excellency's command, with advice of Council,
T. ATKINSON, jun. Secretatary.
GOD SAVE THE KING,
19
CONTROVERSY WITH NEW-YORK.
Hitherto, New-York had "founded her claim to the lands in question, "on the grant to the Duke of York. Not choosing, however, longer to rely on so precarious a tenure, application was made to the crown for a confirmation of the claim. This application was supported by a petition, ·purporting to be signed by a great number of the settlers on the New- Hampshire grants, representing that it would be for their advantage to be annexed to the Colony of New-York, and praying that the western bank of Connecticut river might be established as the eastern boundary of that Province. Accordingly, on the 20th of July, 1764, the following order was made by the King in Council, viz :
At the Court et St. James's, the 20th day of July, 1764.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY,
Tord Howard, Earl of Sandicich, Earl of Halifax,
Earl of Hillsborough,
Wm. Vice Chamberlain,
Gilbert Elliot, Esq. x Earl of Paris, James Oswald, Esq. Earl of Harcourt,
WHEREA'S there was, this day, read at the board, a report made by the Rigia Honorable the Lords of the Committee of Council for plantation dairy, dated the 17th of this instant, upon considering a representation from the Lords Commissioners for trade and plantations, relative to the disputes that have, some years, subsisted between the Provinces of New Hampshire and New-York, concerning the boundary line between those Provinces :- His Majesty, taking the same into consideration, was pleased, with the advice of his privy council, to approve of what is therein pro- posed, and doth accordingly, hereby order and declare the western banks of the river Connecticut, from where it enters the Province of the Massa- chusetts Bay, as far north as the forty fifth degree of northern latitude, to be the boundary line between the said two Provinces of New-Hamp- shire and New York. Wherefore, the respective Governors and Con- manders in Chief of his Majesty's said Provinces of New-Hampsire and
, New York, for the time being, and all others whom it may concern, are to take notice of his Majesty's pleasure, hereby signified, and govern themselves accordingly.
W. BLAIR.
Surprised as were the people on the New Hampshire grants, at this order, it produced in them no serious alarm. They regarded it as merely extending the jurisdiction of New-York, in future, over their territory. To this jurisdiction they were willing to submit. They had no appre- hension that it could, in any way, affect the title to their lands. Having purchased, and paid for those lands, under grants from the crown, they did not understand by what perversion of justice, they could be compelled,
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20 F
CONTROVERSY WITH NEW-YORK.
by the same authority, to re-purchase, or abandon them. The Governor of New-Hampshire, indeed, remonstrated against this change of jurisdic- tion, but was, at length induced to abandon the contest ; and issued a Proclamation, " recommending to the proprietors and settlers due obe- dience to the authority and laws of the Colony of New-York."*
The government of New-York gave a construction to his Majesty's order, widely different from that of the people on the New-Hampshire grants. It was contended that the order had a retrospective operation, and decided, not only what should, thereafter, be, but what had always been, the eastern 'boundary of New-York ; and that, consequently, the grants made by the Governor of New Hampshire were void.
In this state of things, the Government of New-York proceeded to ex. tend its jurisdiction over the New-Hampshire grants ; "dividing the ter- ritory into four Counties, and establishing Courts of Justice in each."t The settlers were called on to surrender their charters, and re-purchase their lands under grants from New-York. Most of them peremptorily refused to comply with this order. New grants of their lands were, therefore, made to others ; in whose names, actions of ejectment were commenced, and judgments obtained, in the Courts at Albany.
The attempts to execute these judgments, by dispossessing the settlers, met with a determined and obstinate resistance. For the purpose of rendering this resistance more effectual,' various associations were formed ; and at length, a convention of Representatives from the several towns on the west side of the mountains was called. This convention, after ma- ture deliberation, appointed Samuel Robinson, of Bennington, an Agent, to represent to the Court of Great Britain the grievances of the settlers, and obtain, if practicable, a confirmation of the New-Hampshire grants.} Mr. Robinson proceeded to London, and laid the subject before his Ma- jesty. The following document will show the result of his mission.
At a Court at St. James's, the 24th day of July, 1767.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY.
Archbishop of Canterbury, Earl of Shelburne,
Lord Chancellor, Viscount Falmouth,
Duke of Queensbury,
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